Below is an excerpt from Ensure TCPA Compliance, Improve the Consumer Experience, which appeared in AIThority magazine.
Imagine your organization has to pay $925 Million for making unlawful phone calls—a penalty that could have been avoided. This was the case in Wakefield v. ViSalus, Inc where the defendant, a marketer of weight loss products, made 1.8 million phone calls with a violation of $500 per call.
The calls violated the Telephone Consumer Protection Act (TCPA), passed in 1991, which requires prior express written consent for non-emergency automatic dialing systems, artificial or prerecorded voice messages, text messages, and fax machines.
The cost of non-compliance and TCPA-related litigation, arbitration, and demand letters can reach millions of dollars as in the case of Wakefield. Damages awarded to consumers can be as high as $1,500 per non-compliant call or text. Additional damages and penalties can be accessed at the judge’s discretion. To be compliant, the burden falls on the company to prove that consumer consent was given.
Jornaya’s TCPA Guardian acts as an independent source of truth about a customer’s experience by validating that each lead was generated in a compliant manner before making a risky dial or SMS. Jornaya also provides persuasive proof of consent with our Compliance Report and Visual Playback, which are available in perpetuity, and have been used to successfully help clients avoid and dismiss TCPA lawsuits.
Read the full article here.